You Can Be Charged, And Convicted, Of Criminal Threats Even If You Make Threats From Another State

Criminal threats, under California Penal Code Section 422, Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement,…is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail, or by imprisonment in the state prison.

In the case of People v. Smith, the defendant in that case was convicted of criminal threats even though he lived in Texas and the victim lived here in California. In that case, the defendant left threatening voicemail messages and previously had made threats of great harm against the victim. The court found that based on the totality of circumstances, including that he had previously made a trip to California and harmed the victim, and had for countless years abused the victim, his wife, that the jury was correct in finding that he could be convicted of criminal threats.

Essentially, even though you are nowhere near the alleged victim, you can still be convicted of criminal threats.

Why You Need A Experienced Lawyer To Defend You In Your Criminal Threats Case

A criminal threats crime can be charged as either a misdemeanor or a felony, which could lead to time in state prison. That’s why it’s important you hire an experienced criminal defense lawyer to defend you on your criminal threats case. The Law Offices of Michael S. Carrillo can offer you a free consultation to discuss your case. Call us today for that consultation at (626) 799-9375.